On call and weekends

[xxorlsxx]

Hi,

we think that a policy is wrong because it confuses one entitlement with another,

in this case annual leave entitlement and TOIL (time off in lue),

 

the policy say that if you work more than 7.5 hours on a bank holiday (in our case we work 9.5 hours) you can only claim 7.5 hours to prevent you getting more leave than departments who work 7.5 hours on bank holidays, but TOIL is not annual leave!

 

Thank for any advice.

[xxorlsxx]

Hi,

we believe that our employer has breached our contracts by withholding staff entitlements

once we have won our grievance can we then sue them?

Any advice welcome.

Cheers.

[Emmzzi]

only if the outcome doesn't include "making good" and there's a financial impact

[xxorlsxx]

Hi all,

payroll has not paid my wages into my new bank account,

i filled out all relevant forms and was told i would be paid on the march payroll,

 

 

they have not done it and i can't contact them as it is a bank holiday

and i have had to cancel most of my plans

 

 

i'm so angry that they have no system in place for this sort of situation.

 

can i claim compensation from them for this?

 

 

I am confident that they will refuse this so who or what body could i contact about this?

Any ideas or help would be great.

Cheers.

[martin2006]

Has it been paid to your old bank account? Do u have access to it if it has?

[xxorlsxx]

Hi,

when i changed accounts it was with a switch guarantee so any payment is sent to my new account, my new bank has just tried to contact them but its bank holiday and can't get an answer.

My gut feeling is that payroll has messed up my account number, if i could i would bloody claim compensation as i have cancelled plans.

Thanks for your reply.

[martin2006]

As frustrating as it is, there would be no grounds for compensating you if it is a payroll error.

Has your old account now been closed after the switch?

They dont always close them, worth a check at an atm

[ericsbrother]

you can only claim for your actual losses so changed plans dont count. If the cock up has meant that you have been charged for an overdraft then you can claim back those costs from the entity that was at fault.

[xxorlsxx]

Thanks for your help guys.

[andydd]

I had cock up at job once and oddly enough the company somehow persuaded the banks or at least mine not to add extra charges.

[ericsbrother]

common if you bank with the same bank as the employer, not sure if there is any such love if you bank elsewhere though.

[xxorlsxx]

Hi All,

My employer who is a large hospital have just amended the smoking policy to not only cover all areas within the grounds of the hospital but also the streets surrounding the hospital.

 

To my knowledge these streets are run by the local council and not run by the hospital therefore it is perfectly legal to smoke in public open spaces.

 

People are asking if this policy can be enforced by a disciplinary as the hospital have no administrative control of the surrounding areas and feel that their civil rights are being violated.

 

Any advice would be great thanks.

[Emmzzi]

would staff smoking all around a hospital in public view bring the hospital into disrepute?

[king12345]

If you cover your uniform with a jacket and go outside the hospital grounds they cannot stop you smoking.

Unless you sneaked out without permission, but that's another story

[xxorlsxx]

Hi,

The policy says that staff can't smoke in uniform which is fair enough we accept that,

the issue is that staff are being challenged while on their way into work in the street, not in uniform and before the start of their shift.

 

They can't tell who are members of the public and who are staff unless they recognise you.

They are concerned about the hospital reputation but they could supply a shelter as they do at other hospitals but choose not to.

 

This seems to be an attack on our right to smoke in a public place, if they are so concerned about the image of the hospital what next?

over weight members of staff not allowed to eat cakes outside the hospital?

[ericsbrother]

When you say challenged on their way in, challenged by whom an exactly when, at the time or after they arrive? If the former I would be speaking to mu union about a possible common assault complaint ( assault doesnt have to be physical, it can be threats or other verbal forms). It would be unlikely to get as far as the police being involved but may get into the realms of workplace bullying and certainly the hospital demigods who dream up these things wont like any adverse publicity

[Ganymede]

Sorry but that is a total overreaction and waste of time

[Ethel Street]

You phrase it as question about your rights to smoke in a public place,

but one of the hospital's concern is likely to be that when staff smoke outside and then come into work they reek of cigarette smoke.

 

Non-smokers (ie most of us) can smell it on staff yards away, although many smokers appear not to notice it themselves.

 

Since stopping smoking is one of your employer's main public health policies it's entirely reasonable to have an employment rule that stops staff coming to work and smelling of cigarette smoke as that undermines the hospital's public health priorities.

[Sidewinder]

You phrase it as question about your rights to smoke in a public place, but one of the hospital's concern is likely to be that when staff smoke outside and then come into work they reek of cigarette smoke. Non-smokers (ie most of us) can smell it on staff yards away, although many smokers appear not to notice it themselves. Since stopping smoking is one of your employer's main public health policies it's entirely reasonable to have an employment rule that stops staff coming to work and smelling of cigarette smoke as that undermines the hospital's public health priorities.

 

I appreciate what you are trying to say, but that is surely a question of personal hygiene rather than the right to carry out a lawful activity whilst not on the employer's premises? Almost like a colleague with BO being advised to use deodorant? If your suggestion were correct (and it may well be the case in part) then the employer could prohibit employees from smoking a mile away from work, or even at home, due to the smell of smoke on breath or clothing?

 

The smell of smoke has not been given by the employer as a reason for the policy. It has simply been stated that smoking is prohibited on hospital property and in the surrounding streets - almost certainly in the interests of public health on hospital grounds, and in the interests of not bringing the NHS into disrepute for the surrounding area, so the question asked by the OP would be still have to be whether the employer could dictate what an employee does even when off the premises.

 

My suggestion is the same as already given - providing that the employee is covered and cannot be easily identified as a hospital employee then there is nothing that the employer can d to impose this outside of hospital grounds - otherwise as stated, where could the boundaries lie?

[xxorlsxx]

Hi All,

I work for the nhs and for the last 2 years have not been part of the on call and out of ours working due to a recommendation from occupational health because of back problems.

 

A new manager has started who has said that i should be taking part in these out of hours shifts regardless of my back problems, someone has suggested that because it has been 2 years of no extra shifts it may be implied contract.

 

On the other hand management do not have to follow recommendations made by occupational health i am afraid that if i am put on extra shifts i may have to take more time off sick leading to dismissal what can i do?

 

Thank you for any advice.

[honeybee13]

Hi. I expect people will be along later with answers for you.

 

Are you a member of a union at work? They would normally help you.

 

HB

[xxorlsxx]

yes i am a member of unison but have not contacted them as yet.

[Emmzzi]

I think I'd be asking for an occupational health referal to assess if your health has changed.

[sangie5952]

yes i am a member of unison but have not contacted them as yet.

 

Contact the union. The manager does have a point possibly - if you can work normal hours, what is it about a bad back that means you don't work other hours and everyone else does? And I'm not being judgmental about that, just saying it's a valid point. So you need to look at why your bad back makes your position different than everyone else's position. Equality sometimes means that you need to be able to demonstrate your adjustments on an ongoing basis - just as you'd expect the employer to look at doing a bit more if you needed it. It cuts both ways. Be reasonable, talk to the union, and get your condition confirmed (if that is necessary).

[Old Cogger]

Fit for purpose comes to mind?? if not move on to something you can do, you are an adult now?? many of us have had to in the real world.